a. Chase for Florida, Inc. (“Chase for Florida”) under the chaseforflorida.com brand and its affiliated business partners own and operate the website, through which it offers various services and software (the Site, services and software are collectively referred to as the “Service” or “Services”).
2. RESTRICTIONS ON USE OF THE SERVICES
a. Prohibited Activities.
(1) You may not do any of the following to the Services:
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the Site or a portion of the Site, including business listings, addresses, and phone numbers; calendar and community events; news listings; or any other data pertaining to the Service, without Chase for Florida’s prior written consent, which consent may be withheld for any reason;
(ii) Use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Chase for Florida server, or the network(s) connected to any Chase for Florida server, or interfere with any other party’s use and enjoyment of the Services;
(iii) Disobey any applicable policies or regulations of networks connected to the Services;
(iv) Modify, adapt, translate or reverse engineer the Services;
(v) Frame the Services or reformat them in any way; or
(vi) Create user accounts using any automated means or under false pretenses.
(2) You may not use the Services to do any of the following:
(i) Harass or advocate harassment of another person or entity;
(ii) Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
(iii) Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
(iv) Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
(v) Transmit unsolicited mass mailings or “spam;”
(vi) Collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users; or
(vii) Transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
b. Content You Post to the Services.
(1) You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
(i) Is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
(ii) Is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
(iii) Is illegal;
(iv) Is tortious, defamatory, libelous or invasive of another’s privacy or publicity rights;
(v) Infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
(vi) You do not have a right to make available under law or contractual or fiduciary relationships;
(vii) Includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
(viii) Bears any false, disguised or misleading origin; or
(ix) Contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
(2) All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
(3) Chase for Florida reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove or modify any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
c. Other Restrictions.
(1) You understand that some of the Services may be offered to the public free of charge; however, Chase for Florida reserves the right to restrict access to the Services or any portion thereof to Authorized Users. “Authorized Users” means an individual subscriber or subscribers with a subscription to the Services.
(2) To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS
a. You understand that the Services act only as a news sharing, business directory and community events listing tool and as a technical interface between community magazines and their readers and that Chase for Florida does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Chase for Florida. Chase for Florida cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
b. You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
4. LICENSE AND CONFIDENTIAL INFORMATION
a. By sending messages or posting information or content to the Services, or submitting messages to Chase for Florida about the Service, including but not limited to photos, images, feedback, suggestions, or ideas about the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Chase for Florida an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works or the Service, such information and content, and to grant and authorize sub-licenses of the foregoing.
b. No information or content of any kind that you submit to Chase for Florida, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
5. COPYRIGHT AND TRADEMARK INFORMATION
a. Copyright Notice: Copyright © Chase for Florida, Inc. All Rights Reserved.
b. “Chase for Florida Media,” “Community Magazine Network,” and “Locable” are trademarks of Chase for Florida, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.
6. THIRD PARTY WEBSITES, SERVICES, AND CONTENT
a. The Services may contain links to third-party sites that are not under the control of Chase for Florida, and Chase for Florida is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Chase for Florida endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Chase for Florida is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
b. In addition, links to advertising that has not been approved by Chase for Florida may be embedded in third party content displayed on the Services. Chase for Florida is not responsible for any content, cookies, or other technology used in connection with such advertising.
7. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
a. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND Chase for Florida HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, Chase for Florida DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Chase for Florida’s warranties shall be limited in those jurisdictions to the extent permitted by law.
b. IN NO EVENT SHALL Chase for Florida BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFIT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES, EVEN IF Chase for Florida HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Chase for Florida’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Chase for Florida’s liability shall be limited in those jurisdictions to the extent permitted by law.
c. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Chase for Florida assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
d. Chase for Florida may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
c. If you registered for the Site or Services, any notices that we send will be sent to you by email at the email address you provided when you registered for an account or socially signed on, or other email address in your profile.